IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-40563
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
OSCAR RAMIREZ PENA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-97-CR-336-1
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April 16, 1999
Before JONES, SMITH, and DUHÉ, Circuit Judges.
PER CURIAM:*
Oscar Ramirez Pena appeals his guilty-plea conviction for
possession with the intent to deliver over 900 pounds of cocaine.
Pena argues for the first time on appeal that the Government
breached the plea agreement because he was denied application of
the safety-valve provision of U.S.S.G. § 5C1.2. Pena also
contends that the district court erred by not assessing him a
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 98-40563
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mitigating role in the offense; however, he provides no legal
argument in support of his bare assertion of error.
We have reviewed the record and the briefs of the parties
and conclude that Pena’s argument concerning the Government’s
alleged breach of the plea agreement does not amount to plain
error. See United States v. Calverley, 37 F.3d 160, 162-63 (5th
Cir. 1994)(en banc). Furthermore, the district court did not err
in refusing to apply the safety-valve provision. See United
States v. Wilson, 105 F.3d 219, 222 (5th Cir.), cert. denied, 118
S. Ct. 133 (1997). Pena’s argument concerning his mitigating
role is deemed abandoned on appeal. See United States v.
Tomblin, 46 F.3d 1369, 1376 n.1 (5th Cir. 1995). The judgment of
the district court is AFFIRMED.